STB says no to UP TIH petition

Written by
William C. Vantuono, Editor-in-Chief

The Surface Transportation Board announced May 1 that it has denied Union Pacific’s (UP) petition requesting that the Board find reasonable certain UP tariff provisions requiring shippers of Toxic-by-Inhalation Hazardous (TIH) commodities to indemnify UP against all liabilities not caused through UP’s own negligence or fault.

In reaching its decision, the Board agreed with shipper parties that had argued that the language of the UP tariff provisions at issue is “overly broad,” and that UP “has not provided adequate support for the tariff requirements. ”